Section R19-3-536. Emergency Procurements

A.      For the purposes of this Section, the term “emergency” means any condition creating an immediate and serious need for materials, services, or construction in which the Lottery’s best interests are not met through the use of other source-selection methods. The condition must seriously threaten the function- ing of the Lottery, the preservation or protection of property, or the health or safety of a person.

B.       This Section applies to only emergency procurements, esti- mated to exceed the amount prescribed in A.R.S. § 41-2535. The procurement officer may procure a material or service without competition when there is an emergency by comply- ing with this Section.

C.      A Lottery employee with the approval of the immediate super- visor or the Director may proceed with an emergency procure- ment without approval from the procurement officer if the emergency necessitates immediate response and it is impracti- cable to contact the procurement officer. The supervisor or Director shall submit a written confirmation of the emergency procurement to the procurement officer within five working days of the emergency.

D.      An emergency procurement shall be limited to such actions necessary to address the emergency.

E.       An emergency procurement shall employ maximum competi- tion, given the circumstances, to protect the interests of the Lottery.

F.       The procurement officer shall keep a record of all emergency procurements.

Historical Note

Adopted as an emergency effective June 5, 1985, pursu- ant to A.R.S. § 41-1003, valid for only 90 days (Supp. 85- 3). Adopted as a permanent rule effective August 29, 1985 (Supp. 85-4). Former Section R4-37-536 renum- bered to R4-37-533, new Section R4-37-536 renumbered from R4-37-540 and amended effective May 7, 1990 (Supp. 90-2). R19-3-536 recodified from R4-37-536 (Supp. 95-1). Former Section R19-3-536 renumbered to Section R19-3-541 and amended; new Section R19-3-536 renumbered from R19-3-532 and amended, effective December 16, 1997 (Supp. 97-4). Section repealed; new Section made by final rulemaking at 12 A.A.R. 4495, effective January 6, 2007 (Supp. 06-4).